[R.O. 2009 §12-106]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
The City Clerk/Administrator.
Any establishment where food, frozen dessert or beverage
is sold to the consumer and where motor vehicle parking space is provided
and where such food, frozen dessert or beverage is intended to be
consumed in the motor vehicle parked upon the premises or anywhere
on the premises outside the building.
A person having a City license in full force and effect issued
under this Article for a drive-in restaurant.
Paper cups, straws, napkins, garbage, beverages and all other
waste matter intended for disposal which, if not placed in a proper
receptacle, tends to create a public nuisance by rendering property
unclean, unsafe and unsightly.
[R.O. 2009 §12-107; Code 1969 §15-4]
This Article shall be deemed and construed to be an exercise
of the Police power of the City for the preservation and protection
of the public safety, health and general welfare and all of its provisions
shall be literally construed with a view to the effectuation of such
purpose.
[R.O. 2009 §12-108; Code 1969 §15-16]
The sale of food, frozen desserts, beverages, candy and other
products from a window or other opening of a drive-in restaurant shall
be at least thirty (30) feet from the property line. Such windows
or openings shall not be greater than thirty (30) inches by thirty
(30) inches unless enclosed by a glass or screen vestibule.
[R.O. 2009 §12-109; Code 1969 §15-17]
No person on the premises of a drive-in restaurant whether in
or out of a motor vehicle shall drink or offer to give to another
to drink any beer, wine or intoxicating liquor, provided that this
provision shall not apply to any person when served inside the building
by a drive-in restaurant duly licensed to serve such beverages.
[R.O. 2009 §12-110; Code 1969 §15-18]
The licensee shall serve no person upon the premises of a drive-in
restaurant any food, frozen dessert or beverage in a motor vehicle
between the hours of 1:00 A.M. and 6:00 A.M. prevailing time.
[R.O. 2009 §12-111; Code 1969 §§15-12, 15-13]
A.
The
licensee shall maintain quiet and good order upon the premises of
a drive-in restaurant and shall not permit disorderly or illegal conduct
or loitering. The licensee shall not cause or create any noise or
other nuisance on the parking area of a drive-in restaurant whereby
the quiet and good order of the premises or of the neighborhood is
disturbed.
B.
No
person on the premises of a drive-in restaurant shall race the motor
of any motor vehicle, needlessly bring to a sudden start or stop any
motor vehicle, blow any horn or make or cause to be made any other
loud or unseemly noise, nuisance or disturbance whereby the quiet
and good order of the premises is disturbed.
[R.O. 2009 §12-113; Code 1969 §15-15]
The licensee shall at least once in twenty-four (24) hours dispose
of waste materials which tend to create a public nuisance on the premises.
The licensee shall provide the premises whereon the drive-in restaurant
is located, together with the parking area and that portion of any
street or alley adjoining the drive-in restaurant, with a sufficient
number of adequate refuse containers.
[R.O. 2009 §12-121; Code 1969 §15-5]
No person shall construct, operate or maintain a drive-in restaurant
within the City without first obtaining a license as provided in this
Division from the City Clerk/Administrator.
[R.O. 2009 §12-122; Code 1969 §§15-6, 15-7]
A.
Applications
for licenses required by this Division shall be made upon blank forms
prepared and made available by the Board of Aldermen and shall state:
1.
The name, home address and proposed business address of the applicant;
2.
The number of motor vehicles which the proposed drive-in restaurant
is designed to accommodate;
3.
The hours of operation for the proposed drive-in restaurant;
4.
Such other information as the Board of Aldermen shall find reasonably
necessary to effectuate the purpose of this Article and to arrive
at a fair determination of whether the terms of this Article have
been complied with.
B.
An
application under this Section shall be accompanied by a plat or drawing
of the proposed drive-in restaurant showing: Its location, size and
capacity, the location and size of entrances and exits, the kind of
ground surface, the location, size and construction of all structures
and the location, size and construction of surrounding walls, fences
or barriers.
C.
An
application under this Section shall be accompanied by an application
fee of fifty dollars ($50.00).
[R.O. 2009 §12-123; Code 1969 §15-9]
A.
The
City Clerk/Administrator shall issue a license under this Division
when the Board of Aldermen determines:
1.
There is no apparent danger to the health and safety of the people
of the City;
2.
The applicant, its officers or agents, if any, are responsible, having
a good reputation and are capable of operating the proposed drive-in
restaurant in a manner consistent with the public health and safety;
3.
Conducting a drive-in restaurant at the location designated during
the hours applied for will not result in the violation of any law
or ordinance and will not result in a disturbance of the peace and
quiet of the neighborhood;
4.
The requirements of this Article and of all other governing laws
and ordinances have been met.
[R.O. 2009 §12-124; Code 1969 §15-8]
A license required under this Division shall be issued by the
City Clerk/Administrator to a successful applicant after payment of
a license fee as prescribed by this Chapter.
[R.O. 2009 §12-125; Code 1969 §15-10]
A.
The
Board of Aldermen shall have the authority to revoke or suspend a
license issued under this Division when it is determined:
